10 Jan 2007
HAU WAI CHEUNG AND OTHERS v. ALL PERSONS IN OCCUPATION OF Lot No. 174 in Demarcation District No. 95 AND ANOTHER
- Citation
- HAU WAI CHEUNG AND OTHERS v. ALL PERSONS IN OCCUPATION OF Lot No. 174 in Demarcation District No. 95 AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP2807/2003
Judge accepted plaintiffs' witnesses and objective aerial photographic evidence showing cessation of cultivation and other events; concluded Lot 174 was leased to Mr Tsang Lim up to 1995 and thus his possession was not adverse to owner, and there was no exclusive possession by Mr Tsang after 1995; therefore adverse possession claim failed and plaintiffs entitled to recover possession; constitutional challenge not decided as unnecessary.